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EPA's Vessel General Permit and Small Vessel General

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are low in comparison to catch levels before the mid-1980s.<br />

Critical Habitat<br />

On October 9, 2009, NMFS designated critical habitat for southern green sturgeon (74 FR<br />

52300). The geographical area identified as critical habitat is based upon the overlapping<br />

distribution of the southern <strong>and</strong> northern species, <strong>and</strong> encompasses all areas where the presence<br />

of southern green sturgeon have been confirmed or where their presence is likely. Therefore the<br />

geographical area defined as critical habitat is the entire range of the biological species, green<br />

sturgeon, from the Bering Sea, AK, to Ensenada, Mexico. Specific fresh water areas include the<br />

Sacramento River, Feather River, Yuba River <strong>and</strong> the Sacramento-San Joaquin Delta. Specific<br />

coastal bays <strong>and</strong> estuaries include estuaries from Elkhorn Slough, California, to Puget Sound,<br />

Washington. Coastal marine areas include waters along the entire biological species’ range<br />

within a depth of 60 fathoms. The principal biological or physical constituent elements essential<br />

for the conservation of southern green sturgeon in fresh water include: food resources; substrate<br />

of sufficient type <strong>and</strong> size to support viable egg <strong>and</strong> larval development; water flow, water<br />

quality such that the chemical characteristics support normal behavior, growth <strong>and</strong> viability;<br />

migratory corridors; water depth; <strong>and</strong> sediment quality. Primary constituent elements of estuarine<br />

habitat include food resources, water flow, water quality, migratory corridors, water depth <strong>and</strong><br />

sediment quality. The specific primary constituent elements of marine habitat include food<br />

resources, water quality <strong>and</strong> migratory corridors.<br />

Critical habitat of the Southern species of green sturgeon is threatened by several anthropogenic<br />

factors. Four dams <strong>and</strong> several other structures currently are impassible for green sturgeon to<br />

pass on the Sacramento, Feather <strong>and</strong> San Joaquin rivers, preventing movement into spawning<br />

habitat. Threats to these riverine habitats also include increasing temperature, insufficient flow<br />

that may impair recruitment, the introduction of striped bass that may eat young sturgeon <strong>and</strong><br />

compete for prey, <strong>and</strong> the presence of heavy metals <strong>and</strong> contaminants in the river.<br />

Final Protective Regulations<br />

The final 4(d) rule for southern green sturgeon was issued June 2, 2010, <strong>and</strong> became effective<br />

July 2, 2010 (75 FR 30714). Under this rule, the prohibitions listed under ESA sections<br />

9(a)(1)(A) through 9(a)(1)(G) are applied for the Southern species, including all the ESA section<br />

9(a)(1)(B) <strong>and</strong> 9(a)(1)(C) prohibitions except for: 1) Certain Federal, State or private-sponsored<br />

research or monitoring activities; 2) Emergency fish rescue <strong>and</strong> salvage activities; 3) Habitat<br />

restoration activities; 4) Commercial <strong>and</strong> recreational fisheries activities, if conducted under<br />

approved Fisheries Management <strong>and</strong> Evaluation Plans; <strong>and</strong> 5) Certain Tribal fishery<br />

management activities.<br />

Threats<br />

Natural Threats. Green sturgeon eggs <strong>and</strong> larvae are likely preyed upon by a variety of larger<br />

fish <strong>and</strong> animals, while sub-adult <strong>and</strong> adult sturgeon may occasionally be preyed upon by shark<br />

sea lions, or other large body predators (NMFS 2005c).<br />

Anthropogenic Threats. The principle threat to southern green sturgeon comes from a drastic<br />

reduction in available spawning area from impassible barriers (e.g., Oroville, Shasta <strong>and</strong><br />

138

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